IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080007792 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected by upgrading his reentry code (RE Code) from RE-3/RE-3C to a more favorable code so he may reenter the Army.

2.  The applicant states that he was troubled as a youth and wanted to change his life by joining the Army.  He joined the Army at an early age and earned a Top Secret clearance and several awards/decorations, and worked very hard for long hours at a communications center.  However, in one instance in Germany, he accidently locked the combination door to the communications center which led to diverting communication traffic to another location and the loss of his rank. He concludes that since his discharge, he went to college, raised a family, and became a police officer.  His only wish is to reenter the Army and he can only do that if the Board upgrades his RE code to a more favorable one.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 February 1984, a copy of his Social Security Card, Texas Drivers License, State of Texas Police Identification, and Peace Officer Card, in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army for a period of 3 years on 18 February 1981.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 72G (Automated Data Telecommunications Center Operator).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  

3.  The applicant’s records further show he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badges with Rifle and Grenade Bars. His records do not show any significant acts of valor during his military service.

4.  The applicant’s records show that upon completion of MOS training, he was assigned to the 232nd Signal Company, Germany.  He was promoted to private (PV2)/E-2 on 1 September 1981, to private first class (PFC)/E-3 on 7 April 1982, and to SP4/E-4 on 16 December 1982.  

5.  On 5 January 1984, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being derelict in the performance of his duties in that he allowed the Telecommunications Center door to lock itself, thereby causing that Center to go unmanned for a period of 5 hours.  His punishment consisted of reduction to PFC/E-3 and forfeiture of 7 days pay (suspended until 17 February 1984).  

6.  On 10 February 1984, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), by reason of expiration of his term of service (ETS), in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations).  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 23 days of creditable military service and 7 days in the Delayed Entry Program (DEP).  Item 27 (Reenlistment Code) of this DD Form 214 shows the entries “RE-3” and “RE-3C." 




7.  On an unknown date in 1986, by letter, the U.S. Army Reserve Personnel Center, St. Louis, Missouri, notified the applicant that he was granted authority for immediate reenlistment in the U.S. Army Reserve with an effective date of 19 September 1986.  He was further notified to complete the appropriate forms by making a reenlistment election no later than 3 November 1986.  There is no indication in the applicant’s records that he responded to this notification.

8.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation states, in pertinent part, that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.   Furthermore, a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry-level status and service is uncharacterized.

9.  Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes):

	a.  RE–1, applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

	c.  RE-3C applied to Soldiers who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter  2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.

10. Army Regulation 601-280, in effect at the time, stated, in pertinent part, that the retention control point (RCP) for Soldiers serving in the pay grades of E-3 and below is a maximum of 3 years.  Soldiers serving in the pay grades of E-4 and below who are beyond their retention control point are ineligible to reenlist or extend their enlistment and must separate not later than 29 days after reaching their retention control point regardless of current enlistment agreement.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE codes should be upgraded to a more favorable code that would allow him to reenter the Army.

2.  The evidence of record shows that the applicant accepted NJP on 5 January 1984 that led to his reduction to PFC/E-3.  He was subsequently discharged, not as a result of any misconduct; rather, upon completion of his enlistment commitment and on his ETS date.  He could not have reenlisted without a waiver because he exceeded the maximum number of years of service allowed (3 years) for personnel in his grade, at the time.  The appropriate RE codes associated with Soldiers serving in the pay grades of E-3 and below who exceeded their RCP are RE-3 and RE-3C.  Therefore, the applicant was assigned the appropriate RE codes.  

3.  The applicant’s post service achievements and accomplishments are noted.  Furthermore, his desire to reenter the Army is a noble one and the Board commends him for his patriotism.  However, the evidence of record also shows that the applicant was given a second opportunity to reenlist in the USAR in 1986 and was notified in writing to make an election in that regard.  There is no indication that he made an election.  

4.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE Code. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


								XXX
	_______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007792



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ABCMR Record of Proceedings (cont)                                         AR20080007792



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